Kimberlin v. Lear

Zenoff, C. J., with whom Gunderson, J., agrees,

dissenting:

Appellants assert that Lear created an attractive nuisance and therefore a cause of action is stated. At this stage of the game we believe that Lear should be held to answer because having caused the holes to be drilled he has a responsibility to inform his vendees that they existed.

Apparently, Nevada has not yet adopted the doctrine of attractive nuisance, Smith v. Smith-Peterson Company, 56 Nev. 79, 85, 45 P.2d 785 (1938), but has referred to it in that case and in Orr Ditch Co. v. Dist. Ct., 64 Nev. 138, 178 P.2d 558 (1947).

The rule…